Michigan Supreme Court Approves Redistricting Ballot Measure

Michigan voters will determine whether or not to create an independent redistricting commission this November, after a 4-3 state supreme court ruling allowed the measure to appear on the ballot. The majority ruling, by Democrat-nominated justices Richard Bernstein and Bridget McCormack joined by Republican-nominated justices David Viviano and Elizabeth Clement, allowed the measure under the condition that “if it proposes changes that do not significantly alter or abolish the form or structure of the government in a manner equivalent to creating a new constitution.”

According to MLive, “The court’s majority decision concurred with a unanimous decision from the state Court of Appeals, which compelled the Michigan Board of State Canvassers to place the Voters not Politicians measure on the ballot after determining the initiative passed constitutional muster.”

If approved, Proposal 2 would amend Michigan’s constitution to create a 13-member Independent Citizens Redistricting Commission made up of five independents, four Republicans and four Democrats, with conditions on who can serve on the commission in order to separate it from the political process. The commission would be in place in time for the next redistricting following the 2020 census.

The anti-gerrymandering proposal was created by Voters Not Politicians, a statewide organization that collected more than 427,000 signatures from Michigan voters. Redistricting has been controlled by Republicans since the last census in 2011. The proposal had been opposed by the Michigan Chamber of Commerce, the Michigan Republican Party, and Attorney General and likely Republican gubernatorial nominee Bill Schuette.

“The court’s decision upholds our right as citizens to petition our government for positive change,” VNP founder and executive director Katie Fahey said in a statement. “Michigan voters are ready for a transparent redistricting process, where election district lines represent the people – not special interests. It’s time voters choose their politicians, not the other way around.”

National Democratic Redistricting Committee chairman Eric Holder tweeted, “This is a big win. Citizens will choose their representatives, politicians will not pick their voters – if the ballot measure is passed.”

There may be some political fallout for Justice Clement, who is on the ballot for re-election this year and could lose funding or support from the state’s Republican Party, according to the Detroit Free Press. According to the paper, Clement – who had previously served as Gov. Rick Snyder’s chief legal counsel – had no prior judicial experience or judicial record prior to her appointment to the Michigan Supreme Court.